{"id":286913,"date":"2016-04-04T10:41:53","date_gmt":"2016-04-04T15:41:53","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/bankruptcy\/chapter-7\/who-can-file-for-chapter-7-bankruptcy.html"},"modified":"2026-07-20T12:02:18","modified_gmt":"2026-07-20T17:02:18","slug":"who-can-file-for-chapter-7-bankruptcy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/bankruptcy\/chapter-7\/who-can-file-for-chapter-7-bankruptcy.html","title":{"rendered":"Who Can File for Chapter 7 Bankruptcy?"},"content":{"rendered":"\n
\n

Who Can File for Chapter 7 Bankruptcy?<\/h1>\n\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Most individuals with unsecured debt<\/span> can file <\/span>Chapter 7<\/span> bankruptcy<\/span> if they pass the means test<\/span>, which compares their income to their state’s <\/span>median<\/span> income<\/span>. If your income is below your state’s median<\/span>, you automatically qualify. If your income is above the median, you must calculate your disposable income<\/span> after allowed expenses. If it’s low enough, you can still file Chapter 7<\/span>. You must also complete credit counseling<\/span> within 180 days before filing and cannot have had a Chapter 7 discharge in the past eight years or a Chapter 13 discharge in the past six years.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A bankruptcy filing<\/span> can give you a fresh start<\/span> and the chance to clear some of your unpayable debt. The purpose of bankruptcy is to discharge unsecured and secured debts<\/span> that you cannot pay because your income is too low. The law does not permit people to erase debts they could pay with some better financial management. This article reviews some bankruptcy basics<\/span> and who is eligible to file a Chapter 7 bankruptcy<\/span>.<\/p>\n

Chapter 7 Eligibility<\/h2>\n

A Chapter 7 bankruptcy<\/span><\/a>, also known as a liquidation<\/span> bankruptcy, erases almost all debt. After filing the bankruptcy petition<\/span>, your property becomes the property of a bankruptcy trustee<\/span>, who determines what you can keep and what you must sell to pay your creditors.<\/p>\n

Not everyone can file a Chapter 7. The ones who may file are:<\/p>\n